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Am I eligible to obtain a permanent status (green card)?

Seattle, WA |

I have 3 daughters who are all US citizens. (age 6, 8, 12) I came to the states w/ a tourist visa last year and remarried to my husband ( we were divorced in Asia and got married for the sake of our children). My status is an illegal alien now and I am planning to get a divorce from my husband due to his domestic violence and alcohol problems. Is it too late to apply for green card on my own? Would it be possible to stay while my children finish school?

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Attorney answers 1


Immigration law does provide several different types of protections for victims of domestic violence. To determine if one of the options would be available for you, more information would be needed. Is your husband a lawful permanent resident or US citizen? If so, then you may be able to petition for your green card on your own through the Violence Against Women's Act or VAWA. If your husband does not have any immigration status, then you may still be eligible for a U visa. The U visa is for victims of certain crimes who have reported that crime to the police and who have been helpful to the investigation and prosecution of that crime. If you have been a victim of a domestic violence crime, here in the U.S., and if you called the police and were helpful to their investigation, then you could qualify for a U visa. If neither of these situations applies to you, then I would need more details to see if there was some other way to allow you to get you green card. However, when someone is already here illegally your options are limited. When your oldest daughter turns 21, she can petition for you but obviously that is 9 years away. Best of luck.